Restructuring Support Agreements (Online Seminar)

MCLE Credits: 1.0
Ethics Credits Included: 0.0

MCLE Credit: 1.0 (Ethics: 0.0)
Live-Interactive Credit: 0.0
Price: $79 (Includes a downloadable audio version.)
Viewable Through: 09/30/2022


The panel discusses issues arising in connection with locking up support for a Chapter 11 plan, including exit financing. The panel explores issues frequently arising, terms that may be included in the deal, and the limits on what is available, in locking up voting and financial support for the exit.

Topics Covered Include:

  • Restructuring Support Agreements – What are they? What are the benefits and risks? Does a debtor need to seek approval of them? And how do courts evaluate them?
  • RSA Terms – Common and Potentially Problematic Provisions
  • Improper Solicitation – Do RSAs Frustrate the Disclosure Requirements and Voting Procedures Contemplated By the Plan Confirmation Process?
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Hon. Kevin R. Huennekens, U.S. Bankruptcy Court, Eastern District of Virginia / Richmond

The Honorable Kevin R. Huennekens was appointed as a United States Bankruptcy Judge for the Eastern District of Virginia on September 11, 2006.  He received his J.D. in 1978 from the Marshall-Wythe School of Law at the College of William & Mary where he was a member of the Order of the Coif and the Law Review, and his B.A. from the College of William & Mary in 1975.  Prior to his appointment, Judge Huennekens was a partner with the firm of Kutak Rock LLP.  Judge Huennekens served as a Panel Trustee for the U.S. Bankruptcy Court for the Eastern District of Virginia (1988-2006).  He was an Adjunct Professor of Law at the College of William & Mary, Marshall-Wythe School of Law (1993-96).  He successfully argued the case of Patterson v. Shumate, 405 U.S. 253, 112 S. Ct. 2242 (1992) before the U.S. Supreme Court.  Judge Huennekens is a Fellow of the American College of Bankruptcy, a member of the National Conference of Bankruptcy Judges, the American Bankruptcy Institute, was recognized in Who’s Who Legal USA: Insolvency & Restructuring and The International Who’s Who of Insolvency and Restructuring in 2006, and was listed in the Best Lawyers in America from 1995 to 2006.  He is a planning committee member of the Annual Mid-Atlantic Institute on Bankruptcy and Reorganization Practice.  He is the Co-Editor of the Virginia CLE Publication, Bankruptcy Practice in Virginia (2012). 

Tyler P. Brown, Esq.,  Hunton Andrews Kurth LLP / Richmond

Tyler is Co-Head of the firm’s bankruptcy and restructuring practice, rated Band 1 for Bankruptcy/Insolvency in Virginia by Chambers USA, a Fellow of the American College of Bankruptcy, and ranked 1st among Virginia lawyers by Super Lawyers in 2019.

Chambers USA, 2018 interviewees state that Tyler “is one of the leading practitioners in the state.” He advises clients on high-value Chapter 11 cases as part of his broad bankruptcy practice, and he has substantial experience handling complex bankruptcy matters from both the creditor and the debtor sides.

Tyler regularly represents debtors, creditors’ committees, and secured and unsecured creditors in complex chapter 11 cases. Tyler also handles loan workouts, lender liability claims, contract disputes, landlord-tenant disputes and other commercial litigation at the trial and appellate levels. Tyler provides transactional and lending advice to commercial, consumer and mortgage lenders, private equity firms and hedge funds, and public and private companies. He has extensive litigation experience with adversary proceedings and contested matters in US Bankruptcy Court and commercial litigation in Virginia state and federal courts. Tyler is admitted to practice in the US Supreme Court, the Virginia Supreme Court, the Third, Fourth and Eleventh Circuits, and the US District and Bankruptcy Courts for the Eastern and Western Districts of Virginia.

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